Driver License Suspension - How An Insurance Or Subrogation Company Can Suspend Your Texas License
If you have a Texas Driver License and somebody has called you or sent you a letter threatening the suspension of your driver license over an auto accident, it is highly possible that it could precisely happen, but it is just as probable that the person making the threat doesn ' t totally understand the rules as they resort to in Texas. Only the Texas Department of Public Safety can suspend your driver license ( and the DPS doesn ' t call people to advise of a uncertain suspension, they will pack a written remark ). What an express, insurance, or subrogation company can do is suit the suspension of your license in assent with Chapter 601 of the Texas Transportation Code, and licensed are a lot of exceptions and rules that have to be followed ( it is notable that if you don ' t have a license, a proper prayer will keep you from getting one, and the suspension is supposed to affect your registration, too ).
If the person calling you is an insurance company or subrogation firm, they hackneyed know how to get you suspended, and it is not required that you be sued. You can lose your license, registration, and aptitude to get a license lined up if you have not been sued. If you have been sued over an auto accident and you lost, ergo 99 % of the shift, you will be losing your license and registration privileges until you pay. Anyway, non - suit suspension of a Texas driver license is what this article is about, so here are some of the requirements your case will have to just in tidiness for your license to be in true jeopardy: The Texas Safety and Budgetary Trust Act has painful rules that relate to the might to get an only ' s driver license suspended due to a encounter of the act, here they are in layman ' s terms:
1. The accident must have happened on a public highway, road or way ( like an alley ) as unique by Texas rules.
2. Somebody has to file an accident report, either a police officer or a tea that was involved in the accident.
3. Know onions has to be a " unbiased relief " that you were at fault ( like the police put on the report that you rearended somebody, or known are witnesses against you ). This is the trickiest atom, thanks to acknowledged are so many factors that can indicate fault.
4. Finished must be undoubted injury ( any amount ) or damages to an apparent extent of $1000. 00.
5. If you are the lessor of the vehicle, ergo you must have allowed the use of the vehicle either by saying the driver could use it, or by making it apparent by your actions that it was okay.
Keep in mind the rules I am relaying only handle to Texas and violations of the " pecuniary responsibility law ". If all of these factors promote to you, inasmuch as it is likely that your license will be suspended if the clambake threatening to take game follows the proper rules ( in Texas ) for requesting the suspension. Now, what can you do to protect yourself? Are proficient any loopholes? My best answer is " sort of ". If you were ruinous enough to be involved in an accident that is characteristic your fault, and if you didn ' t have insurance or some other way of complying with the cash culpability law, therefore you have few choices. Here they are:
1. Pay for the damages.
2. Most companies will take less than what they are asking for if you can pay a lump total, so if you have a not large money, endeavor and make a settlement for less than the alleged damage amount.
3. Work out a payment arrangement with the insurance company, subrogation firm, or person that is threatening you ( it must be a written agreement that the State will accept in pattern to properly protect your license ).
4. Fight about whose fault the accident was. In uniformity to do this you must follow the rules for requesting a reasonableness when you get your first ear of suspension ( also it is advisable to make assured the Atom of Public Safety has your correct superscription for they will use the inscription on your driver license for all notices and you have a extent object to requisition a sentence ).
5. If you were the innkeeper of the vehicle that was involved in the accident, and the subject who wrecked your car didn ' t have permission to use your vehicle, ergo fight about that ( again, you have to use the litigation rules to fight ).
6. Always make cocksure you have researched all avenues of probable insurance. Sometimes you could be undetected and just not be scholarly of it ( like if you are a mungo stint college novice and your parents have insurance ).
If you ( as the publician ) or the driver of your vehicle weren ' t financially responsible at the date of an " at fault " accident, wherefore the greater things are comely much the only things you can do to avoid a suspension front of hiring an attorney. So, be careful about making the assumption that your license can ' t be suspended for an auto accident ( if you were uninsured ). I can ' t impart you how many times I tried to describe this to people and they tidily didn ' t rest assured me, so they ended up with a license suspension, and whence having to call me to negotiate for their license or risk the consequences. If you get pulled over and you don ' t have a valid license, you can be taken to jail. It is unvaried the best ( and right ) portion to do is to work out a payment plan to protect your driving privileges.
Justin Petty / Licensed All Lines Adjuster and Public Adjuster
My personal cell phone and e - mail are listed on my website, and I will personally answer my phone to address your questions or concerns. I work for the " imperceptible man ", be it a diminutive business or an special. If you reckon honesty and uprightness are a occurrence of the past, research me. I am in toto a horse of a far cry color, so stop my website and throw in me a call or drop me a line. I trust you will be surprised when I personally answer the phone. I am the founder and CEO of Petty Details, LLC, and I have the power to bend my own rules and prices for the gravy train of justice. Argue for your case!
